"I've been hearing this stuff for years. And it instantly made sense
when this concussion information started to come out," said DuBose. "The
dots started to connect."
Gabe Feldman, a sports law professor at
Tulane University, said the reference to the bounty system could help
plaintiffs paint a picture of the sport as "not only violent but
unnecessarily violent." Although he doubts the new claim will be a "game
changer," he expects more lawsuits to cite the scandal.
"It certainly could be persuasive in the eyes of a jury," he said.
The
complaint filed Monday goes far beyond targeting the bounty system. It
also says the league encouraged players to view themselves as warriors
and sold films that lionized the most brutal hits, such as the 1992 NFL
Films production, "The Best of Thunder and Destruction." And it seeks to
force the league to better educate players on the dangers of traumatic
head injuries during the crucial period immediately after the draft.
The
league's investigation found that Williams offered off-the-books cash
payments of $1,500 for "knockouts," in which an opposing player was
knocked out of a game, or $1,000 for "cart-offs," in which an opponent
needed help off the field. The league has said the bounty pool grew as
large as $50,000, and that as many as 27 Saints defenders may have taken
part.
The investigation led to the indefinite suspension of
Williams, who had taken a position with the St. Louis Rams and has since
apologized for running the system, and the season-long suspension of
Saints coach Sean Payton, who was found to have initially lied about the
existence of a bounty program and instructed his defensive assistants
to do the same.
NFL commissioner Roger Goodell last week rejected an appeal of Payton's season-long suspension.
Some
legal analysts said claims from players who weren't involved in the
bounty system may not survive a challenge from defense attorneys.
"Everyone
knows, including anyone who's played in the NFL, that it's a violent
game, said Matthew Mitten, the director of the National Sports Law
Institute at Marquette University. "You didn't need the unfortunate
circumstances of bounty-gate to tell us that."
But Bruce Hagen, an
Atlanta attorney who has filed two lawsuits involving 33 different
players, said the bounty system could play an important part in the
lawsuits working their way through the courts.
"It shows that it's
an institutionalized effort by management to go outside the bounds of
the game as a way to motivate players even if it means intentionally
having them injured," he said. "And that's wrong."
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